| (a) This rule relates to Texas Government Code Chapter
661, Subchapter A-1, establishing the state employee family leave
program.
(b) The director of human resources is designated as
the TABC Family Leave Pool (FLP) Administrator.
(c) Employees donating or applying for leave from the
FLP must submit their request by e-mail to Benefits@tabc.texas.gov.
(d) A TABC employee may apply for leave from the FLP
if the employee has exhausted all available leave and experiences:
(1) the birth of a child;
(2) the placement of a foster child or adoption of
a child under 18 years of age;
(3) the placement of any person 18 years of age or
older requiring guardianship;
(4) a serious illness to the employee or an immediate
family member, including a pandemic-related illness; or
(5) an extenuating circumstance created by an ongoing
pandemic, including providing essential care to a family member.
(e) The employee is solely responsible for the payment
of any income tax resulting from their donation or withdrawal of leave
from the FLP.
(f) An employee who chooses to donate leave hours to
the FLP must donate at least eight hours, unless the employee is separating
from the agency. An employee separating from the agency may donate
any number of leave hours to the FLP.
(g) Once donated to the FLP, leave hours cannot be
recouped by the donating employee.
(h) Employees may not have outside employment while
using FLP leave.
(i) Retiring employees will not receive additional
retirement credit with the Employee Retirement System for hours donated
to the FLP.
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